6(1)The [F1Lord Chancellor]may from time to time recommend to the [F2Treasury]that there shall be paid out of [F3money provided by Parliament]to a Commissioner who at the date of his retirement is remunerated by means of a salary an annual sum by way of superannuation allowances calculated in accordance with sub-paragraph (2),— N.I.
[F4(a) if he retires pursuant to paragraph 1 of Schedule 2 to the M1 Social Security Administration (Northern Ireland) Act 1992; ]
(b)if he retires after 15 years’ service and at the time of retirement has attained the age of 65; or
(c)if the [F1Lord Chancellor]is satisfied by means of a medical certificate that at the time of his retirement he is, by reason of infirmity of mind or body, incapable of discharging the duties of his office and that the incapacity is likely to be permanent.
[F5(1ZA)The Lord Chancellor must consult the Lord Chief Justice before satisfying himself as mentioned in sub-paragraph (1)(c).
(1ZB)The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (1ZA)—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]
[F6(1A)Sub-paragraph (1) shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]
(2)When the number of completed years of service is as specified in column (1) of the Table below, the annual allowance shall not exceed the fraction of the last annual salary respectively specified in column (2) of the Table—
Table
| Years of service | Fraction of salary |
|---|---|
| Less than 5 | 6/40ths |
| 5 | 10/40ths |
| 6 | 11/40ths |
| 7 | 12/40ths |
| 8 | 13/40ths |
| 9 | 14/40ths |
| 10 | 15/40ths |
| 11 | 16/40ths |
| 12 | 17/40ths |
| 13 | 18/40ths |
| 14 | 19/40ths |
| 15 or more | 20/40ths |
(3)For the purpose of this paragraph—
(a)service as a Commissioner which is not remunerated by means of a salary shall be disregarded;
(b)the [F2Treasury]may by regulations provide for counting as service as a Commissioner pensionable service in any other capacity under the Crown.
F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)This paragraph is without prejudice to the pension benefits conferred by the M2Judicial Pensions Act (Northern Ireland) 1951.
Textual Amendments
F1Words substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(1)(a)
F2Word substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(1)(b)
F3Words substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(2)
F4Para. 6(1)(a) substituted by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 4, Sch. 2 para. 10(2).
F5Sch. 10 para. 6(1ZA)(1ZB) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 5 para. 21(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)
F6Sch. 10 para. 6(1A) inserted (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para.11; S.I. 1995/631, art. 2
F7Sch. 10 para. 6(4) repealed (31.3.1995) by 1993 c. 8, ss. 24, 31, Sch.3 Pt. III para. 7(1)(c), Sch. 9; S.I. 1995/631, art. 2.
Modifications etc. (not altering text)
C1Para. 6 excluded by Social Security Administration (Northern Ireland) Act 1992 (c. 8, SIF 113:1), ss. 39, 41, 48–50 Sch. 2 para. 1(6)
C2Para. 6: certain functions transferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 82, Sch. 9 Pt. II, paras. 3(1)(a), 4, 8(2)
C3Sch. 10 para. 6: power to modify conferred (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(h); S.R. 1994/17, art. 2
Marginal Citations